Terms and Conditions

Table of Contents

1. Definitions

2. Identity of the Entrepreneur

3. Applicability

4. The Offer

5. The Agreement

6. Right of Withdrawal

7. Costs in Case of Withdrawal

8. Exclusion of the Right of Withdrawal

9. The Price

10. Conformity and Warranty

11. Delivery and Execution

12. Duration Contracts: Termination and Renewal

13. Payment

14. Complaints Procedure

15. Disputes

16. Additional or Deviating Provisions

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Article 1 – Definitions

In these Terms and Conditions:

• Cooling-off period: the period within which the consumer may exercise their right of withdrawal.

• Consumer: the natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur.

• Day: calendar day.

• Duration contract: a distance contract concerning a series of products and/or services, the supply and/or purchase obligation of which is spread over time.

• Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them, in a way that makes future consultation and unchanged reproduction possible.

• Right of withdrawal: the consumer’s option not to proceed with the distance contract within the cooling-off period.

• Model form: the withdrawal form made available by the entrepreneur that the consumer may use when exercising the right of withdrawal.

• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

• Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication until and including the conclusion of the contract.

• Means of distance communication: a tool that can be used to conclude a contract, without the consumer and entrepreneur being together in the same place at the same time.

• Terms and Conditions: these present Terms and Conditions of the entrepreneur.

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Article 2 – Identity of the Entrepreneur

Company: G-Sales
Address: Van Dijckstraat 10, 3117WV Schiedam, The Netherlands
Telephone number: +31 6 42038837
E-mail address: info@livinggrounded.eu
Chamber of Commerce number: 76146464
VAT identification number: NL003049636B81

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Article 3 – Applicability

1. These Terms and Conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate how the Terms and Conditions can be inspected and that they will be sent free of charge upon request.

3. If the contract is concluded electronically, the text of these Terms and Conditions may also be provided electronically, in such a way that it can be easily stored by the consumer on a durable medium.

4. If specific product or service conditions apply in addition to these Terms and Conditions, the consumer may in case of conflicting provisions rely on the provision most favorable to them.

5. If one or more provisions in these Terms and Conditions are at any time wholly or partly void or annulled, the remaining provisions remain in force.

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Article 4 – The Offer

1. If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated.

2. The offer is non-binding. The entrepreneur reserves the right to adjust or withdraw the offer.

3. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment by the consumer. Obvious mistakes or errors do not bind the entrepreneur.

4. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that displayed colors precisely match the real colors of the products.

5. Each offer contains information making it clear to the consumer what rights and obligations are attached to acceptance of the offer, including:

   • the total price including taxes;

   • possible shipping costs;

   • the manner in which the contract will be concluded;

   • whether or not the right of withdrawal applies;

   • the method of payment, delivery and performance of the contract;

   • the period for acceptance of the offer;

   • the duration of the contract in case of a duration transaction.

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Article 5 – The Agreement

1. The agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance.

3. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure online environment.

4. The entrepreneur may – within legal limits – investigate whether the consumer can meet their payment obligations and consider other relevant facts for responsibly concluding the distance contract.

5. The entrepreneur shall send the following information in writing or on a durable medium:

   • the address of the entrepreneur where the consumer may lodge complaints;

   • conditions and procedure for exercising the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

   • information on warranties and after-sales services;

   • the requirements for terminating the contract if it is of a duration exceeding one year or indefinite duration.

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Article 6 – Right of Withdrawal

For products:

1. Consumers have the right to withdraw from the contract within 14 days without giving any reason.

2. The withdrawal period starts on the day after the consumer or a third party designated by them receives the product.

3. During the cooling-off period the consumer shall handle the product and packaging carefully. They may only unpack or use the product as necessary to determine its nature, characteristics and functioning.

4. If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receipt of the product, using the model form or via another clear statement (e.g. by e-mail).

5. After notification, the consumer must return the product within 14 days.

For services:
The consumer may cancel a service contract within 14 days after conclusion, unless the service has already been fully performed with prior explicit consent.

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Article 7 – Costs in Case of Withdrawal

1. The consumer bears the direct costs of returning the product.

2. If the consumer has already paid, the entrepreneur shall refund this amount as soon as possible, and at the latest within 14 days after receipt of the returned goods or proof of return.

3. Refunds will be made using the same payment method unless otherwise agreed.

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Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal only for products:

• produced according to consumer specifications;

• clearly personal in nature;

• which cannot be returned due to their nature;

• that spoil or age quickly;

• audio, video or software products if the seal has been broken;

• hygienic products if the seal has been broken.

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Article 9 – The Price

1. During the validity period stated in the offer, prices will not be increased, except for VAT changes.

2. Prices of products subject to fluctuations in the financial market beyond the entrepreneur’s control may vary. This will be stated in the offer.

3. The prices mentioned include VAT.

4. Obvious misprints or errors do not bind the entrepreneur.

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Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the contract, specifications stated, reasonable requirements of reliability and/or usability, and existing legal provisions of the EU at the date of conclusion.

2. A legal guarantee of two years applies to all products in the EU for lack of conformity.

3. Any additional manufacturer’s or supplier’s warranty does not limit the statutory rights of consumers.
   
   In addition to the statutory two-year legal guarantee required under EU law, the entrepreneur voluntarily offers a 90-day satisfaction guarantee.
   Consumers may return the product within 90 days after delivery if they are not satisfied, even if there is no defect. This voluntary guarantee does not affect the consumer’s statutory rights.
   

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Article 11 – Delivery and Execution

1. The entrepreneur shall take the utmost care in receiving and executing product orders.

2. The place of delivery is the address provided by the consumer.

3. Accepted orders shall be executed within 30 days at the latest, unless otherwise agreed. If delivery is delayed, the consumer will be notified and may terminate the contract free of charge.

4. Risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a designated representative.

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Article 12 – Duration Contracts: Termination and Renewal

1. Consumers may terminate indefinite duration contracts for the regular supply of products or services at any time, subject to a notice period of one month.

2. A contract for a fixed duration may not be tacitly renewed beyond the agreed term, except in specific cases (e.g. newspapers, magazines) for a maximum of three months.

3. After one year, consumers may terminate contracts of longer than one year at any time with one month’s notice.

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Article 13 – Payment

1. Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days after the start of the withdrawal period.

2. The consumer must report inaccuracies in provided or stated payment details immediately.

3. In case of non-payment, the entrepreneur has the right to recover reasonable costs communicated in advance.

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Article 14 – Complaints Procedure

1. The entrepreneur shall have a sufficiently publicized complaints procedure and shall handle complaints accordingly.

2. Complaints must be submitted within 2 months after discovery, clearly described.

3. Complaints will be answered within 14 days. If more time is needed, the consumer will be informed when to expect a substantive response.

4. If a complaint cannot be resolved amicably, it may become a dispute subject to Article 15.

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Article 15 – Disputes

1. Contracts between the entrepreneur and the consumer are governed by Dutch law.

2. The Vienna Convention on the International Sale of Goods does not apply.

3. Consumers residing in the EU may also submit complaints via the European ODR Platform: http://ec.europa.eu/odr.

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Article 16 – Additional or Deviating Provisions

Additional or deviating provisions shall not be to the detriment of the consumer and must be recorded in writing or on a durable medium accessible to the consumer.